KHAIRATI LAL Vs. STATE AND UNION OF INDIA

JUDGEMENT

(1.) This is a revision petition against the judgment dated March 21, 1977 of Shri D.R Khanna, Additional Sessions Judge, New Delhi, confirming the conviction of Khairati Lal, hereinafter referred to as the petitioner, under Sec. 7 read with Sec. 16 of the Food Adulteration Act, 1954 (shortly 'the Act') but reducing the sentence to rigorous imprisonment for two years and fine of Rs 10,000.00 with the direction that the petitioner would undergo rigorous imprisonment for a further period of six months in default of payment of fine.

(2.) Facts relevant for the purpose are these. On July 13, 1972 at about 10.30 a.m., Food Inspector M.K. Bhan visited the premises of Messrs. Kundan Lal Khairati Lal bearing No. 2897, Bahadurgarh Road, Rui Mandi, Delhi and found the petitioner present. He also found some bags of Besan lying stored there. The Food Inspector purchased 600 grams of Besan for the purpose of analysis on payment of 65 paisa on account of price. He divided the sample into three equal pares and put each part into a clean bottle which was properly fastened and sealed. One sample bottle was given to the petitioner while another was sent to the Public Analyst on July 14, 1972 for analysis. On receipt of the report indicating that the sample sent for analysis was adulterated due to presence of Kesari Dal, prosecution was launched by submitting complaint under the authority of the D G. H.S., Govt. of India. The petitioner exercised his right of having the sample in his possession analysed by the Director, Central Food Laboratory, Calcutta but in vain as it was certified that the sample was adulterated on account of the presence of foreign organic matter, Lathyrus Sativus.

(3.) Shri B.N. Chaturvedi, Metropolitan Magistrate, New Delhi, found the petitioner guilty, vide his judgment dated Nov. 11, 1976, after rejecting two pleas that were advanced, namely, (I) the complaint had not been filed under authority, and (2) the commodity of which sample had been lifted was cattle feed not meant for human consumption.